Is Mass Texting Illegal? Call-Em-All1 BY: CALL-EM-ALL
The high level answer is no. While mass texting is by no means illegal, it is heavily restricted. The U.S. government has a long history of regulation protecting consumer privacy in relation to telecommunication marketing. Call-Em-All2
The most relevant piece of legislation narrowing the scope of acceptable telemarketing practices came with the Telephone Consumer Protection Act (TCPA) of 1991 which amended the original Communications Act of Telephone Consumer Protection Act Of 1991 Call-Em-All3
Calling within certain hours of the day were required. Calls made to landlines can only be made if the recipient is not charged for the call. Business conducting mass calls or texting must identify themselves, or identify who they are calling for no artificial voices or recorded calls could be made unless the recipient had already opted in for it. Telephone Consumer Protection Act Of 1991 Call-Em-All4
The new amended legislation now requires recipients to have given explicit prior written consent. This addition was provided so that there can be no confusion as to whether or not a recipient has given permission to be contacted. By keeping the following tips in mind, and you’ll be well on your way to building a satisfied, loyal customer base Amendment To The Telephone Consumer Protection Act Call-Em-All5
Consent MUST be written. Oral consent will not fly in a court of law. Give your recipients an “Opt-Out” option with every text you send them. All SMS content must be relevant to your business. This means no doing favors by advertising for partner businesses Amendment To The Telephone Consumer Protection Act Call-Em-All6
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